Madras High CourtCRL OP/18299/2021disposed of

M.Ebenezer v. The State Rep By

2021-10-08Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18299 of 2021 M.Ebenezer ... Petitioner

Versus

1. The State Rep by Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Sooramangalam Police Station, Sooramangalam, Salem.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police to register the petitioner's complaint dated 20.06.2020 and file a FIR.

For Petitioner :

Mr.A.Ilayaperumal For Respondents :

Mr.R.Vinoth Raja, Government Advocate (crl.side) *****

ORDER

This petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner's complaint dated 20.06.2020.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order passed by a Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl

489. The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has

categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

mpl -Sd/- Assistant Registrar TRUE COPY Sub-Assistant Registrar To

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Sooramangalam Police Station, Sooramangalam, Salem.

3.The Public Prosecutor, High court, Madras-600 104.

+1 CC to MR.A.ILAYAPERUMAL, Advocate SR.No.53083 CRL.O.P.No.18299 of 2021 EV(CO) GS(20/10/2021)

08.10.2021